Prithwiraj Saha & ORS v. State Of West Bengal & ANR

22.06.2021

IN THE HIGH COURT AT CALCUTTA

Item No.20 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 771 of 2017 (Via Video Conference) Prithwiraj Saha & Ors.

versus The State of West Bengal & Anr.

In Re: An Application filed under Section 482 of the Code of Criminal Procedure, 1973.

The present revisional application has been preferred for quashing of the proceedings being C.R. Case No. 240 of 2015 for alleged commission of offence punishable under Section 498A of the Indian Penal Code.

The record reflects that the petitioners approached this Court at a stage when the evidence before charge of the complainant was over and further evidence was fixed. In view of the stage at which the petitioners have challenged the proceedings when the evidence of the prosecution before charge was over, I am of the view that without appreciating the evidence at this stage, it is practically impossible to arrive at a conclusion regarding the maintainability as well as the continuance of the proceedings. The petitioners will be at liberty to agitate the points raised in the revisional application at the stage of consideration of charge.

No interference is called for at this stage. Accordingly, CRR 771 of 2017 is dismissed.

Interim order, if any, is hereby vacated.

All connected applications are disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)